The International Criminal Court – The US' Misgivings

27 Jul, 2002    ·   809

Mathew Angus lists the reasons behind the American objection to the ICC


     Just days before the ICC came into existence, the US sought immunity for its peacekeepers within the ICC’s jurisdiction, the implication being that if no immunity is given, US troops may be withdrawn from existing and future peacekeeping operations within the ICC’s jurisdiction.

     It is no secret that the US objects to the ICC. But what are its objections? Why does the US feel that it cannot ratify the Rome Statute?

     There are a number of suspected reasons. The main being, ratification of the Rome Statute will result in a loss of its state sovereignty to a non-US body and potentially limit its future foreign policy/military options. Additionally, the US feels that the ICC may be used as a political weapon by ‘anti-American’ judges/prosecutors. But does this approach have a legal justification?

     Paragraph 10 of the Preamble and article 1 of the Rome Statute clearly state that the ICC is “…complementary to national criminal jurisdictionsâ€Â

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